Cody Franciscovich (left), 25 and daughter Ruby (right) are missing at Deep Well Motel in Tioga County Sunday

Man accused of murder after he & # 39; raped his 8-month-old daughter and after police led her to her body while face down in a cemetery after seeing him walking naked on a road & # 39 ;

  • Cody Franciscovich, 25, and daughter Ruby are missing at Deep Well Motel in Tioga County, an hour before her mother's 7.14am 911 call rings Sunday
  • Franciscovich was found naked along a road west of the motel on Route 17C
  • Troopers found him after receiving a separate emergency call
  • Franciscovich led researchers to a pond behind the nearby St. Patrick's Cemetery
  • Ruby Franciscovich was found with a floating side down about 25 feet from the water's edge
  • Franciscovich did not plead Wednesday for a first-degree murder but was not formally accused of rape
  • He will be in court on Friday and will hear if the grand jury is suing
  • Franciscovich can face life in prison if he is convicted and preserved without bail

A New York man raped his eight-month-old daughter before she killed her and dumped her body in a cemetery pond, it was claimed in court documents accusing him of murder.

Cody Franciscovich, 25, of Tioga in the Upstate region, was naked when the police found him on Route 17C at the Deep Well Motel he had seen before, and arrested him on Sunday.

An emergency call led to troopers responding to the area where he was discovered.

In a separate call at 7.14 am on 911, Ruby Franciscovich's mother asked police officials to perform a welfare check after they were both missing at the motel.

Cody Franciscovich (left), 25 and daughter Ruby (right) are missing at Deep Well Motel in Tioga County Sunday

Her mother asked the police for a welfare check at 7.14

Her mother asked the police for a welfare check at 7.14

Cody Franciscovich (left), 25, and daughter Ruby (right) are missing in Tioga County an hour before her mother's 7.14am 911 call calls Sunday

Franciscovich led researchers to a pond behind the nearby St. Patrick's Cemetery. Ruby was found with a floating side down about 25 feet from the water's edge

Franciscovich led researchers to a pond behind the nearby St. Patrick's Cemetery. Ruby was found with a floating side down about 25 feet from the water's edge

Franciscovich led researchers to a pond behind the nearby St. Patrick's Cemetery. Ruby was found with a floating side down about 25 feet from the water's edge

The child's father then led the police to the body of the child who floated with the front down 25 feet from the edge of a pond behind nearby St. Patrick's Cemetery, police said during a press conference.

The police tried resuscitation but could not resuscitate the child.

Franciscovich did not plead Wednesday for a first-degree murder but was not formally accused of rape

Franciscovich did not plead Wednesday for a first-degree murder but was not formally accused of rape

Franciscovich did not plead Wednesday for a first-degree murder but was not formally accused of rape

Ruby was declared dead at the UHS Wilson Medical Center in Johnson City, the Binghamton Press & Sun Bulletin reports.

He had lived with Ruby & # 39; s mother at the motel for a few months. Ruby's two-and-four-year-old brothers and sisters have been placed under the care of another family member.

Franciscovich has not been officially accused of rape, but according to documents he stated "knowingly and committing the crime of murder in the first degree, then in the immediate flight thereafter of committing crimes of rape in the first degree and criminal sexual act in first degree diploma he killed his eight month old daughter & # 39 ;.

A motive for killing and the cause of death has not been established.

The father pleaded not guilty on Wednesday in Tioga Town Court and was represented by public defenders George Awad and Tom Cline.

Franciscovich is currently being held without bail in a prison in Tioga County.

A hearing is scheduled on Friday and the city council will decide whether there is sufficient evidence to bring the case before a grand jury for a charge.

If Franciscovich was indicted by a grand jury and later convicted for the murder of Ruby, she could cope with life in prison.

A vigil for Ruby is held at the cemetery at 8 p.m. on Monday and those present are asked to wear red in honor of the little girl.

He lived for two months at the van Deep Well Motel with the child's mother

He lived for two months at the van Deep Well Motel with the child's mother

He lived for two months at the van Deep Well Motel with the child's mother

He will be in court on Friday and will hear if the grand jury is suing. Franciscovich (on a photo of July 2015) could face life in prison if he is convicted and detained without bail

He will be in court on Friday and will hear if the grand jury is suing. Franciscovich (on a photo of July 2015) could face life in prison if he is convicted and detained without bail

He will be in court on Friday and will hear if the grand jury is suing. Franciscovich (on a photo of July 2015) could face life in prison if he is convicted and detained without bail

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